For the purposes of Part 2 of the Order and these Regulations, a person has regular and substantial caring responsibilities for a severely disabled person if they satisfy the conditions for entitlement to a carer's allowance or would do so but for the fact that their earnings have exceeded the limit prescribed for the purposes of that allowance.

Paragraph (1) applies whether or not the person has made a claim for a carer's allowance.

A person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earned income from those caring responsibilities.